any express or implied warranty of fitness for such uses.
Licensee represents and warrants to JetBrains that it will not
use, distribute or license the Software for High
Risk Activities.
8.2 SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9.0 LIMITATION OF LIABILITY
9.1 Licensee acknowledges that the Software may be
experimental and that the Software may have defects
or deficiencies, which cannot or will not be corrected by
JetBrains. Licensee will hold JetBrains harmless from any claims based
on Licensee's use of the Software for any purposes
other than those of internal evaluation, and from any claims
that later versions or releases of any Software
furnished to Licensee are incompatible with the Licensed
Software provided to Licensee under this Agreement.
9.2 To the extent not prohibited by law, in no event will
JetBrains be liable for any indirect, punitive, special,
incidental or consequential damage in connection with or
arising out of this Agreement (including loss of business,
revenue, profits, use, data or other economic advantage),
however it arises, whether for breach or in tort, even if
JetBrains has been previously advised of the possibility of such
damage.
10.0 U.S. GOVERNMENT RESTRICTED RIGHTS If this Software is
being acquired by or on behalf of the U.S. Government or by
a U.S. Government prime contractor or subcontractor (at any
tier), then the Government's rights in the Software and
accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 C.F.R.
227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 C.F.R. 2.101 and 12.212 (for non-DOD
acquisitions).
11.0 GENERAL TERMS
JetBrains reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and JetBrains.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Czech Republic.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either JetBrains or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
If You have any questions, please contact JetBrains, Klanova 9/506, Prague, 14700, Czech Republic (fax: +420-261711724).
You can also use the following e-mail address: sales.omea@jetbrains.com